Italian courts rule condominium repair costs limited to owners who benefit

In Italy, Article 1123, paragraph 3 of the Civil Code provides that expenses for installations or works that serve only a part of a building must be borne exclusively by the condominium owners who actually benefit from them. The principle requires a concrete functional link between the unit and the facility; owners who do not use the part cannot be forced to pay.

The Tribunal of Rome applied this rule on 28 May 2024 when a drainage column serving eight apartments out of twenty broke, causing flood damage. The court held that repair, damage compensation and legal costs are to be charged only to the owners using that column. Similarly, the Tribunal of Avellino, in judgment No. 837 of 20 April 2026, confirmed that only the owners of units under a separate roof covering a garage must fund its waterproofing, rejecting a later assembly decision that tried to spread the cost to all owners. Both rulings reaffirm the “partial condominium” concept and limit the powers of the condominium assembly to impose costs without a functional benefit.